H. B. 2035
(By Delegate Flanigan)
[Introduced February 14, 2001
; referred to the
Committee on the Judiciary.]
A BILL to amend article four, chapter fifty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section six-a,
relating to providing for discovery in criminal cases in
magistrate court.
Be it enacted by the Legislature of West Virginia:
That article four, chapter fifty of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section six-a, to read as
follows:
ARTICLE 4. PROCEDURE BEFORE TRIAL.
§50-4-6A. Discovery in criminal cases.
In criminal cases that involve a possible penalty of incarceration, rule sixteen of the state rules of criminal
procedure shall apply. Magistrates are hereby granted discretion
to impose sanctions for noncompliance in discovery matters by
either party, including, but not limited to, excluding evidence or
testimony that otherwise would be admissible, but which, due to
inexcusable noncompliance, would constitute a manifest unfairness
if admitted.
NOTE: The purpose of this bill is to authorize criminal
discovery in magistrate court.
This section is new; therefore, strike-throughs and
underscoring have been omitted.